It is not prohibited individuals to sell products, including on the Internet. However, Article L. 121-1 of the Commercial Code provides that "traders are those who carry out acts of commerce and form their own occupation." The judge can requalify in commercial activity acts of individuals when sales of regularity and importance of these acts show that they correspond to reality to pursue a professional activity. In fiscal plan, the administration may also draw the consequences of any professional activity. In addition, Article L. 324-10 of the Labour Code stipulates that the profit performance of acts of trade by any individual did not intentionally, requested its registration to an industrial work is deemed concealed. Finally, the rules of civil law relating to unfair competition enable people

claiming to be victims of unfair practices to seek redress in court on the basis of Articles 1382 and 1383 of the Civil Code. It is then up to plaintiffs to demonstrate actual damage and a causal link between damage and acts in question. There is therefore a clear legal framework that allows for punishing abuse. In response to a stimulus given by the secretary of state in charge of trade, crafts, small and medium enterprises, tourism and services jointly with the Federation of Enterprises in the distance at the publication of review of electronic commerce on January 24, 2008, the federation has embarked on an awareness of its members to this question. Thus, the site of eBay auction he recently encouraged individuals achieving a turnover of 2 000 euros monthly generated three consecutive months to change their status. Now, from this threshold, the seller will be considered as a professional. As such, the Government wished to encourage individuals who sell on the Internet to create their own businesses.

Tags: Individual, Internet, professional, Selling

Posted on: September 2, 2008

Filed under: Internet